166A-23.  Contracts; equipment loans.

(a)        The Secretary may contract with any unit or units of local government for the provision of a regional response team to implement the regional response program. Contracts are to be let consistent with the bidding and contract standards and procedures adopted pursuant to G.S. 166A-22(a)(7) and (8). In entering into contracts with units of local government, the Secretary may agree to provide:

(1)        A loan of equipment, including a hazmat vehicle, necessary for the provision technician-level entry capability;

(2)        Reimbursement of personnel costs when a regional response team is authorized by the Department to respond to a hazmat or terrorist incident, including the cost of call-back personnel;

(3)        Reimbursement for use of equipment and vehicles owned by the regional response team;

(4)        Replacement of disposable materials and damaged equipment;

(5)        Costs of medical surveillance for members of the regional response team, including baseline, maintenance, and exit physicals;

(6)        Training expenses; and

(7)        Other provisions agreed to by the Secretary and the regional response team.

(b)        The Secretary shall not agree to provide reimbursement for:

(1)        Costs of clean-up activities, after a spill or leak has been contained;

(2)        Local response not requiring technician-level entry capability; or

(3)        Standby time.

(c)        Any contract entered into between the Secretary and a unit of local government for the provision of a regional response team shall specify that the members of the regional response team, when performing their duties under the contract, shall not be employees of the State and shall not be entitled to benefits under the Teachers' and State Employees' Retirement System or for the payment by the State of federal social security, employment insurance, or workers' compensation.

(d)       Regional response teams that have the use of a State hazmat vehicle may use the vehicle for local purposes. Where a State vehicle is used for purposes other than authorized regional response to a hazardous materials or terrorist incident, the regional response team shall be liable for repairs or replacements directly attributable to the nonauthorized response. (1993 (Reg. Sess., 1994), c. 769, s. 22.4(b); 2002-179, s. 21(d).)